RESOLUTION DH (97) 516

HUMAN RIGHTS APPLICATION No. 14031/88 ESPOSITO MARIA AGAINST ITALY

(Adopted by the Committee of Ministers on 29 October 1997 at the 605 th meeting of the Ministers' Deputies)

The Committee of Ministers, under the terms of Article 32 of the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as "the Convention"),

Having regard to the report drawn up on 15 May 1996 by the European Commission of Human Rights in accordance with Article 31 of the Convention relating to the application lodged on 1 March 1988 by Ms Maria Esposito against Italy (Application No. 14031/88);

Whereas on 26 June 1996 the Commission transmitted the said report to the Committee of Ministers and whereas the period of three months provided for in Article 32, paragraph 1, of the Convention has elapsed and the case has not been referred to the European Court of Human Rights, either by the Commission or by a State entitled to do so under Article 48 of the Convention, within the time-limit of three months from the transmission of the reports to the Chairman of the Committee of Ministers; whereas, however within this time-limit, the applicant seized the Court in accordance with Protocol No. 9 but considering that the screening panel of the Court decided on 5 August 1997 that this case would not be considered by the Court, the Committee of Ministers is now called upon to take a decision in accordance with Article 32 of the Convention and with Article 48 of the Convention as amended by Article 5 of Protocol No. 9 for those States having ratified the latter;

Whereas in her application, declared admissible by the Commission on 5 April 1993, the applicant complained of the prolonged impossibility to obtain the execution of a decision ordering the eviction of her tenant;

Whereas in its report adopted on 15 May 1996, the Commission expressed, unanimously, the opinion that there had been no violation of Article 1 of Protocol No. 1 of the Convention;

Whereas, at the 605th meeting of the Ministers' Deputies, the Committee of Ministers, having voted in accordance with the provisions of Article 32, paragraph 1, of the Convention, and agreed with the opinion expressed by the Commission, held, by decision adopted on 29 October 1997, that there had not been in this case no violation of Article 1 of Procotol No.1 of the Convention,

Declares that it has exercised its functions under Article 32 of the Convention in this case;

Authorises the publication of the report adopted by the Commission in this case.